The North Carolina Business Court lists on its website Orders of Significance—unpublished Business Court opinions “regarding a matter of significance.” Although Judge Gale’s order on the enforcement of a settlement agreement last month in Howard, et al. v. Iomaxis, LLC, 20 NCBC 36 did not make the list, it nevertheless serves as a good reminder for practitioners: a mediated settlement agreement leaving additional terms to be memorialized later may result in an unenforceable agreement.
To me, the most interesting part of Judge Gale’s order in Howard was not the conclusion— because as discussed below, the parties did not agree on all material terms, and thus he refused to enforce the settlement agreement—but a citation to N.C. Nat’l Bank v. Wallens, 26 N.C. App. 580, 583 217 S.E.2d 12, 15 (1975). This case was decided well before mediation became mandatory in North Carolina and states that a “reference to a more ‘complete’ document does not necessarily indicate that material portions of the agreement have been left open for future negotiation. It could mean only that immaterial matters, which are of no consequence, will be added to complete the agreement.”
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Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL Section Blog News Blasts For June 30, 2020
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On June 17, the Equal Employment Opportunity Commission updated its COVID-19 guidance (scroll down to A.7) to state that employers cannot require employees to take COVID-19 antibody tests in order to return to work. Although employers are allowed to take employee temperatures and to test for current COVID-19 infection, the EEOC says that antibody testing violates the Americans with Disabilities Act.
After near shutdown of the U.S. economy in March and April, most employers have been bringing employees back to work. Some experts, eager to prevent further disruption, have suggested using serologic (antibody) testing to identify those who have had the virus and therefore may be eligible to safely return. Some companies have been marketing antibody testing programs to employers.
The Fourth Circuit has ruled Charleston, South Carolina’s tour guide licensure program unconstitutional. On June 11, 2020, the Fourth Circuit Court of Appeals issued a published opinion in Billups v. City of Charleston, No. 19-1044, 2020, U.S. App. LEXIS 18398 (4th Cir. June 11, 2020). The plaintiffs challenged a city licensing requirement for tour guides as “an unconstitutional restriction of their First Amendment right to free speech.” The opinion states that “[t]he [district] court concluded that the City has a significant interest in protecting its tourism industry, but that the Ordinance nevertheless fails intermediate scrutiny because it is not narrowly tailored to serve the City’s interest. As explained below, we agree and therefore affirm.”
Dan McLawhorn, senior associate city attorney for the City of Raleigh, is the 2020 recipient of the Administrative Law Award for Excellence, an annual award given by the Administrative Law Section of the North Carolina Bar Association.
McLawhorn has been a leading environmental and administrative lawyer for more than four decades. He began his career at the North Carolina Attorney General’s Office, where Attorney General Rufus Edmisten assigned McLawhorn to lead the Administrative Law Section of the Attorney General’s Office in 1979. Six years later, Attorney General Lacy Thornburg appointed McLawhorn to serve as his representative at the General Assembly during the effort to reform the state’s Administrative Procedures Act, an effort which ultimately led to the passage of Chapter 150B. McLawhorn later served as general counsel of the North Carolina Department of Environment and Natural Resources from 1998-2001.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-06-29 12:25:542020-06-29 12:52:44Dan McLawhorn Receives The 2020 Administrative Law Award for Excellence
On July 1, 2020, Mitchell Kelling will continue her commitment to the North Carolina Bar Association as the incoming chair of the Family Law Section. Mitchell is currently the principal and practice group leader of the Family Law Practice Group (South) of Offit/Kurman. She boasts a remarkably accomplished resume beginning with her involvement in the North Carolina Bar Association’s Family Law Section in 2002. Since then, she has volunteered on several committees and chaired both the social and the CLE committee. She has served on the executive committee for a number of years, and last year, she was Vice Chair.
Chief Justice Cheri Beasley has issued an order extending Emergency Directives 9-16 through July 20, 2020.
Relevant to criminal practitioners, these Emergency Directives provide:
No sessions of court may be scheduled if doing so would contravene current public health guidelines. Remote hearings should be used to the greatest extent possible. (Emergency Directive 9.)
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When I began practicing family law as a solo practitioner, short on cash and shorter on clients, I polled several colleagues for advice on which reference materials were essential. I had no budget for extras. Nearly everyone I spoke to said, “You’ve got to have Lee’s Family Law.” For many years, Lee’s Family Law was the seminal text on family law in North Carolina. Many a time in court or conversation, lawyers or judges would use the phrase, “well, Lee’s says . . .” when expounding on some area of the law. I knew the current author of the 5th edition was Dean Emerita Suzanne Reynolds, so I never gave much thought to the actual man behind the text until I received a call from Section member Carolyn Ingram.
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The winners of the North Carolina Bar Association’s 2020 Pro Bono Awards have been selected. The recipients were chosen by members of the NCBA Pro Bono Committee, chaired by Emily Moseley and Jennifer Mencarini.
Congratulations to each recipient and their nominators, who provided the background and biographical information included below for each honoree.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Russell Rawlingshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRussell Rawlings2020-06-24 14:27:372020-08-05 12:24:462020 Pro Bono Awards Announced
Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL Section Blog News Blasts For June 23, 2020
Copyright Office Issues Final Rule to Create Group Registration Option for Short Online Literary Works
Copyright Office Releases Updated Online Edition of Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code
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